[§328J‑12]  Penalties. (a)  A person who smokes in an area where smoking is prohibited by this chaptershall be guilty of a violation and fined not more than $50 to be deposited intothe general fund.  The district courts may assess costs not to exceed $25 forissuing a penal summons upon any person who fails to appear at the place withinthe time specified in the citation issued to the person.

(b)  Any authorized police officer, upon makingan arrest, shall take the name and address of the alleged violator and shallissue the violator a summons or citation in writing.

(c)  There shall be provided for use by anofficer or employee of the respective government jurisdictions, duly authorizedto issue a summons or citation, or any police officer, a form of summons orcitation for use in citing a violator of this chapter that shall not providefor the physical arrest of the violator.  The form and content of this summonsor citation shall be as adopted or prescribed by the administrative judge ofthe district court.  When a citation is issued, the original of the citationshall be given to the violator; provided that the administrative judge of thedistrict court may prescribe that the violator be given a copy of the citationand provide for the disposition of the original and any other copies.  Everycitation shall be consecutively numbered and each copy shall bear the samenumber as its respective original.

(d)  If any person fails to comply with a penalsummons given to the person, the court shall issue a warrant for the person’sarrest.

(e)  Any police officer or other officer oremployee of the respective government jurisdictions may eject from the premisesany person to whom a citation has been issued and who continues to smoke afterthe person has been so cited.

(f)  A person who owns, manages, operates, orotherwise controls any place or facility designated by this chapter and failsto comply with this chapter shall be guilty of a violation and fined:

(1)  Not more than $100 for a first violation;

(2)  Not more than $200 for a second violation withinone year of the date of the first violation; and

(3)  Not more than $500 for each additional violationwithin one year of the date of the preceding violation.

(g)  In addition to the fines established by thissection, violation of this chapter by a person who owns, manages, operates, orotherwise controls any place or facility designated by this chapter may resultin the suspension or revocation of any permit or license issued to the personor the place for the premises on which the violation occurred.

(h)  Each day on which a violation of thischapter occurs shall be considered a separate and distinct violation. [L 2006,c 295, pt of §2]